M. Goodman

Following a five-day trial on a motion to change where the applicant successfully terminated spousal support, the court determined the quantum of costs.

The respondent, who was self-represented, advanced untenable claims for retroactive and indefinite support before abandoning them on the final day of trial.

The court found the respondent's litigation conduct unreasonable and awarded the applicant partial indemnity costs of $32,257.39, representing 70 percent of full recovery.

The defendant moved for summary judgment to dismiss the plaintiff's claims of trespass, nuisance, Rylands v. Fletcher, and interference with riparian rights, arising from a neighbour dispute over dock and boat lift placement.

The court dismissed the claims for trespass, nuisance, and Rylands v. Fletcher, finding no genuine issue for trial.

However, the court found a genuine issue for trial regarding the interference with riparian rights, as there was circumstantial evidence of the defendant's involvement in moving the plaintiff's boat lift and a dispute over the proper boundary for riparian access.

The court emphasized the difficulty of resolving factual conflicts in simplified procedure actions without cross-examination and ordered the riparian rights claim to proceed to a simplified trial.